HOUSE AMENDED
PRIOR PRINTER'S NO. 382 PRINTER'S NO. 1667
No. 369 Session of 1989
INTRODUCED BY PRIME SPONSOR WITHDREW, ANDREZESKI, REGOLI,
SALVATORE, STAPLETON AND SHUMAKER, FEBRUARY 1, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 24, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, REGULATING MATTERS RELATING TO THE <--
3 PERFORMANCE OF ABORTIONS, THE PROTECTION OF WOMEN WHO UNDERGO
4 ABORTION, AND THE PROTECTION OF CHILDREN SUBJECT TO ABORTION;
5 PROVIDING FOR NOTICE TO SPOUSES PRIOR TO AN ABORTION;
6 PROHIBITING ABORTIONS BASED SOLELY ON THE SEX OF THE CHILD;
7 PROHIBITING CERTAIN ABORTIONS AFTER 24 WEEKS GESTATION; AND
8 changing the penalty for incest.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 4302 of Title 18 of the Pennsylvania <--
12 Consolidated Statutes is amended to read:
13 SECTION 1. THE DEFINITIONS OF "FERTILIZATION," "PREGNANCY," <--
14 AND "UNBORN CHILD" IN SECTION 3203 OF TITLE 18 OF THE
15 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
16 IS AMENDED BY ADDING A DEFINITION TO READ:
17 § 3203. DEFINITIONS.
18 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
19 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
20 MEANINGS GIVEN TO THEM IN THIS SECTION:
1 * * *
2 "FERTILIZATION" AND "CONCEPTION." [THE FERTILIZATION OF AN
3 OVUM BY A SPERM, WHICH SHALL BE DEEMED TO HAVE OCCURRED WHEN THE
4 HEAD OF THE SPERM HAS PENETRATED THE CELL MEMBRANE OF THE OVUM
5 AND THE PROCESS OF DEVELOPMENT, DIFFERENTIATION, CELL MITOSIS
6 AND REPLICATION BEGINS AND SHALL BE SYNONYMOUS WITH THE TERM
7 CONCEPTION.] EACH TERM SHALL MEAN THE FUSION OF A HUMAN
8 SPERMATOZOON WITH A HUMAN OVUM.
9 * * *
10 "GESTATIONAL AGE." THE AGE OF THE UNBORN CHILD AS CALCULATED
11 FROM THE FIRST DAY OF THE LAST MENSTRUAL PERIOD OF THE PREGNANT
12 WOMAN.
13 * * *
14 "PREGNANCY" AND "PREGNANT." [THAT] EACH TERM SHALL MEAN THAT
15 FEMALE REPRODUCTIVE CONDITION [CAUSED BY AND COMMENCING] OF
16 HAVING A DEVELOPING FETUS IN THE BODY AND COMMENCES WITH
17 FERTILIZATION.
18 * * *
19 "UNBORN CHILD" AND "FETUS." [FOR PURPOSES OF THIS CHAPTER, A
20 HUMAN BEING FROM FERTILIZATION UNTIL BIRTH AND INCLUDES A
21 FETUS.] EACH TERM SHALL MEAN AN INDIVIDUAL ORGANISM OF THE
22 SPECIES HOMO SAPIENS FROM FERTILIZATION UNTIL LIVE BIRTH.
23 * * *
24 SECTION 2. SECTIONS 3204(C) AND (D), 3205(A) AND (C),
25 3206(F)(1) AND 3208(A) OF TITLE 18 ARE AMENDED TO READ:
26 § 3204. MEDICAL CONSULTATION AND JUDGMENT.
27 * * *
28 (C) FACTORS.--IN DETERMINING IN ACCORDANCE WITH SUBSECTION
29 (A) OR (B) WHETHER AN ABORTION IS NECESSARY, A PHYSICIAN'S BEST
30 CLINICAL JUDGMENT MAY BE EXERCISED IN THE LIGHT OF ALL FACTORS
19890S0369B1667 - 2 -
1 (PHYSICAL, EMOTIONAL, PSYCHOLOGICAL, FAMILIAL AND THE WOMAN'S
2 AGE) RELEVANT TO THE WELL-BEING OF THE WOMAN. NO ABORTION WHICH
3 IS SOUGHT SOLELY BECAUSE OF THE SEX OF THE UNBORN CHILD SHALL BE
4 DEEMED A NECESSARY ABORTION.
5 (D) PENALTY.--ANY PERSON WHO INTENTIONALLY, KNOWINGLY OR
6 RECKLESSLY VIOLATES THE PROVISIONS OF THIS SECTION COMMITS A
7 FELONY OF THE THIRD DEGREE, AND ANY PHYSICIAN WHO VIOLATES THE
8 PROVISIONS OF THIS SECTION IS GUILTY OF "UNPROFESSIONAL CONDUCT"
9 AND HIS LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL
10 BE SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH
11 PROCEDURES PROVIDED UNDER THE ACT OF OCTOBER 5, 1978 (P.L.1109,
12 NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT
13 OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
14 PRACTICE ACT OF 1985, OR THEIR SUCCESSOR ACTS.
15 § 3205. INFORMED CONSENT.
16 (A) GENERAL RULE.--NO ABORTION SHALL BE PERFORMED OR INDUCED
17 EXCEPT WITH THE VOLUNTARY AND INFORMED CONSENT OF THE WOMAN UPON
18 WHOM THE ABORTION IS TO BE PERFORMED OR INDUCED. EXCEPT IN THE
19 CASE OF A MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY
20 AND INFORMED IF AND ONLY IF[, PRIOR TO THE CONSENT HAVING BEEN
21 GIVEN, THE PHYSICIAN WHO IS TO PERFORM THE ABORTION, OR THE
22 REFERRING PHYSICIAN, OR A QUALIFIED PHYSICIAN ASSISTANT, HEALTH
23 CARE PRACTITIONER, OR TECHNICIAN TO WHOM THE RESPONSIBILITY HAS
24 BEEN DELEGATED BY EITHER PHYSICIAN, HAS ORALLY INFORMED THE
25 WOMAN OF THE NATURE OF THE PROPOSED PROCEDURE OR TREATMENT AND
26 OF THOSE RISKS AND ALTERNATIVES TO THE PROCEDURE OR TREATMENT
27 THAT A REASONABLE PATIENT WOULD CONSIDER MATERIAL TO THE
28 DECISION WHETHER OR NOT TO UNDERGO THE ABORTION, AND THE WOMAN
29 CERTIFIES IN WRITING PRIOR TO THE ABORTION THAT SHE HAS BEEN
30 PROVIDED SUCH INFORMATION.]:
19890S0369B1667 - 3 -
1 (1) AT LEAST 24 HOURS PRIOR TO THE ABORTION, THE
2 PHYSICIAN WHO IS TO PERFORM THE ABORTION OR THE REFERRING
3 PHYSICIAN HAS ORALLY INFORMED THE WOMAN OF:
4 (I) THE NATURE OF THE PROPOSED PROCEDURE OR
5 TREATMENT AND OF THOSE RISKS AND ALTERNATIVES TO THE
6 PROCEDURE OR TREATMENT THAT A REASONABLE PATIENT WOULD
7 CONSIDER MATERIAL TO THE DECISION OF WHETHER OR NOT TO
8 UNDERGO THE ABORTION.
9 (II) THE PROBABLE GESTATIONAL AGE OF THE UNBORN
10 CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED.
11 (III) THE MEDICAL RISKS ASSOCIATED WITH CARRYING HER
12 CHILD TO TERM.
13 (2) AT LEAST 24 HOURS PRIOR TO THE ABORTION, THE
14 PHYSICIAN WHO IS TO PERFORM THE ABORTION OR THE REFERRING
15 PHYSICIAN, OR A QUALIFIED PHYSICIAN ASSISTANT, HEALTH CARE
16 PRACTITIONER, TECHNICIAN OR SOCIAL WORKER TO WHOM THE
17 RESPONSIBILITY HAS BEEN DELEGATED BY EITHER PHYSICIAN, HAS
18 INFORMED THE PREGNANT WOMAN THAT:
19 (I) THE DEPARTMENT PUBLISHES PRINTED MATERIALS WHICH
20 DESCRIBE THE UNBORN CHILD AND LIST AGENCIES WHICH OFFER
21 ALTERNATIVES TO ABORTION AND THAT SHE HAS A RIGHT TO
22 REVIEW THE PRINTED MATERIALS AND THAT A COPY WILL BE
23 PROVIDED TO HER FREE OF CHARGE IF SHE CHOOSES TO REVIEW
24 IT.
25 (II) MEDICAL ASSISTANCE BENEFITS MAY BE AVAILABLE
26 FOR PRENATAL CARE, CHILDBIRTH AND NEONATAL CARE, AND THAT
27 MORE DETAILED INFORMATION ON THE AVAILABILITY OF SUCH
28 ASSISTANCE IS CONTAINED IN THE PRINTED MATERIALS
29 PUBLISHED BY THE DEPARTMENT.
30 (III) THE FATHER OF THE UNBORN CHILD IS LIABLE TO
19890S0369B1667 - 4 -
1 ASSIST IN THE SUPPORT OF HER CHILD, EVEN IN INSTANCES
2 WHERE HE HAS OFFERED TO PAY FOR THE ABORTION. IN THE CASE
3 OF RAPE, THIS INFORMATION MAY BE OMITTED.
4 (3) A COPY OF THE PRINTED MATERIALS HAS BEEN PROVIDED TO
5 THE PREGNANT WOMAN IF SHE CHOOSES TO VIEW THESE MATERIALS.
6 (4) THE PREGNANT WOMAN CERTIFIES IN WRITING, PRIOR TO
7 THE ABORTION, THAT THE INFORMATION REQUIRED TO BE PROVIDED
8 UNDER PARAGRAPHS (1), (2) AND (3) HAS BEEN PROVIDED.
9 * * *
10 (C) PENALTY.--ANY PHYSICIAN WHO VIOLATES THE PROVISIONS OF
11 THIS SECTION IS GUILTY OF "UNPROFESSIONAL CONDUCT" AND HIS
12 LICENSE FOR THE PRACTICE OF MEDICINE AND SURGERY SHALL BE
13 SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH
14 PROCEDURES PROVIDED UNDER THE ACT OF OCTOBER 5, 1978 (P.L.1109,
15 NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT
16 OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
17 PRACTICE ACT OF 1985, OR THEIR SUCCESSOR ACTS. ANY PHYSICIAN WHO
18 PERFORMS OR INDUCES AN ABORTION WITHOUT FIRST OBTAINING THE
19 CERTIFICATION REQUIRED BY SUBSECTION (A)(4) OR WITH KNOWLEDGE OR
20 REASON TO KNOW THAT THE INFORMED CONSENT OF THE WOMAN HAS NOT
21 BEEN OBTAINED SHALL FOR THE FIRST OFFENSE BE GUILTY OF A SUMMARY
22 OFFENSE AND FOR EACH SUBSEQUENT OFFENSE BE GUILTY OF A
23 MISDEMEANOR OF THE THIRD DEGREE. NO PHYSICIAN SHALL BE GUILTY OF
24 ["UNPROFESSIONAL CONDUCT"] VIOLATING THIS SECTION FOR FAILURE TO
25 FURNISH THE INFORMATION REQUIRED BY SUBSECTION (A) IF HE OR SHE
26 CAN DEMONSTRATE, BY A PREPONDERANCE OF THE EVIDENCE, THAT HE OR
27 SHE REASONABLY BELIEVED THAT FURNISHING THE INFORMATION WOULD
28 HAVE RESULTED IN A SEVERELY ADVERSE EFFECT ON THE PHYSICAL OR
29 MENTAL HEALTH OF THE PATIENT.
30 * * *
19890S0369B1667 - 5 -
1 § 3206. PARENTAL CONSENT.
2 * * *
3 (F) PROCEEDINGS.--
4 (1) COURT PROCEEDINGS UNDER THIS SECTION SHALL BE
5 CONFIDENTIAL AND SHALL BE GIVEN SUCH PRECEDENCE OVER OTHER
6 PENDING MATTERS AS WILL ENSURE THAT THE COURT MAY REACH A
7 DECISION PROMPTLY AND WITHOUT DELAY IN ORDER TO SERVE THE
8 BEST INTERESTS OF THE PREGNANT WOMAN. IN NO CASE SHALL THE
9 COURT OF COMMON PLEAS FAIL TO RULE WITHIN THREE BUSINESS DAYS
10 OF THE DATE OF APPLICATION. A COURT OF COMMON PLEAS WHICH
11 CONDUCTS PROCEEDINGS UNDER THIS SECTION SHALL MAKE IN WRITING
12 SPECIFIC FACTUAL FINDINGS AND LEGAL CONCLUSIONS SUPPORTING
13 ITS DECISION AND SHALL, UPON THE INITIAL FILING OF THE
14 MINOR'S PETITION FOR JUDICIAL AUTHORIZATION OF AN ABORTION,
15 ORDER A SEALED RECORD OF THE PETITION, PLEADINGS,
16 SUBMISSIONS, TRANSCRIPTS, EXHIBITS, ORDERS, EVIDENCE AND ANY
17 OTHER WRITTEN MATERIAL TO BE MAINTAINED WHICH SHALL INCLUDE
18 ITS OWN FINDINGS AND CONCLUSIONS.
19 * * *
20 § 3208. PRINTED INFORMATION.
21 (A) GENERAL RULE.--THE DEPARTMENT SHALL CAUSE TO BE
22 PUBLISHED IN ENGLISH, SPANISH AND VIETNAMESE, WITHIN 60 DAYS
23 AFTER THIS CHAPTER BECOMES LAW, AND SHALL UPDATE ON AN ANNUAL
24 BASIS, THE FOLLOWING EASILY COMPREHENSIBLE PRINTED MATERIALS:
25 (1) GEOGRAPHICALLY INDEXED MATERIALS DESIGNED TO INFORM
26 THE WOMAN OF PUBLIC AND PRIVATE AGENCIES AND SERVICES
27 AVAILABLE TO ASSIST A WOMAN THROUGH PREGNANCY, UPON
28 CHILDBIRTH AND WHILE THE CHILD IS DEPENDENT, INCLUDING
29 ADOPTION AGENCIES, WHICH SHALL INCLUDE A COMPREHENSIVE LIST
30 OF THE AGENCIES AVAILABLE, A DESCRIPTION OF THE SERVICES THEY
19890S0369B1667 - 6 -
1 OFFER AND A DESCRIPTION OF THE MANNER, INCLUDING TELEPHONE
2 NUMBERS, IN WHICH THEY MIGHT BE CONTACTED, OR, AT THE OPTION
3 OF THE DEPARTMENT, PRINTED MATERIALS INCLUDING A TOLL-FREE,
4 24-HOUR A DAY TELEPHONE NUMBER WHICH MAY BE CALLED TO OBTAIN,
5 ORALLY, SUCH A LIST AND DESCRIPTION OF AGENCIES IN THE
6 LOCALITY OF THE CALLER AND OF THE SERVICES THEY OFFER. [THE
7 MATERIALS SHALL INCLUDE THE FOLLOWING STATEMENT:
8 "THERE ARE MANY PUBLIC AND PRIVATE AGENCIES WILLING
9 AND ABLE TO HELP YOU TO CARRY YOUR CHILD TO TERM, AND TO
10 ASSIST YOU AND YOUR CHILD AFTER YOUR CHILD IS BORN,
11 WHETHER YOU CHOOSE TO KEEP YOUR CHILD OR TO PLACE HER OR
12 HIM FOR ADOPTION. THE COMMONWEALTH OF PENNSYLVANIA
13 STRONGLY URGES YOU TO CONTACT THEM BEFORE MAKING A FINAL
14 DECISION ABOUT ABORTION."]
15 THE MATERIALS SHALL [STATE THAT MEDICAL ASSISTANCE BENEFITS
16 MAY BE AVAILABLE] PROVIDE INFORMATION ON THE AVAILABILITY OF
17 MEDICAL ASSISTANCE BENEFITS FOR PRENATAL CARE, CHILDBIRTH AND
18 NEONATAL CARE, AND STATE THAT IT IS UNLAWFUL FOR ANY
19 INDIVIDUAL TO COERCE A WOMAN TO UNDERGO ABORTION, THAT ANY
20 PHYSICIAN WHO PERFORMS AN ABORTION UPON A WOMAN WITHOUT
21 OBTAINING HER INFORMED CONSENT OR WITHOUT ACCORDING HER A
22 PRIVATE MEDICAL CONSULTATION MAY BE LIABLE TO HER FOR DAMAGES
23 IN A CIVIL ACTION AT LAW, THAT THE FATHER OF A CHILD IS
24 LIABLE TO ASSIST IN THE SUPPORT OF THAT CHILD, EVEN IN
25 INSTANCES WHERE THE FATHER HAS OFFERED TO PAY FOR AN ABORTION
26 AND THAT THE LAW PERMITS ADOPTIVE PARENTS TO PAY COSTS OF
27 PRENATAL CARE, CHILDBIRTH AND NEONATAL CARE.
28 (2) MATERIALS DESIGNED TO INFORM THE WOMAN OF THE
29 PROBABLE ANATOMICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE
30 UNBORN CHILD AT TWO-WEEK GESTATIONAL INCREMENTS FROM
19890S0369B1667 - 7 -
1 FERTILIZATION TO FULL TERM, INCLUDING PICTURES REPRESENTING
2 THE DEVELOPMENT OF UNBORN CHILDREN AT TWO-WEEK GESTATION
3 INCREMENTS, AND ANY RELEVANT INFORMATION ON THE POSSIBILITY
4 OF THE UNBORN CHILD'S SURVIVAL; PROVIDED THAT ANY SUCH
5 PICTURES OR DRAWINGS MUST CONTAIN THE DIMENSIONS OF THE FETUS
6 AND MUST BE REALISTIC AND APPROPRIATE FOR THE WOMAN'S STAGE
7 OF PREGNANCY. THE MATERIALS SHALL BE OBJECTIVE, NONJUDGMENTAL
8 AND DESIGNED TO CONVEY ONLY ACCURATE SCIENTIFIC INFORMATION
9 ABOUT THE UNBORN CHILD AT THE VARIOUS GESTATIONAL AGES. THE
10 MATERIAL SHALL ALSO CONTAIN OBJECTIVE INFORMATION DESCRIBING
11 THE METHODS OF ABORTION PROCEDURES COMMONLY EMPLOYED, THE
12 MEDICAL RISKS COMMONLY ASSOCIATED WITH EACH SUCH PROCEDURE,
13 THE POSSIBLE DETRIMENTAL PSYCHOLOGICAL EFFECTS OF ABORTION
14 AND THE MEDICAL RISKS COMMONLY ASSOCIATED WITH EACH SUCH
15 PROCEDURE[, THE POSSIBLE DETRIMENTAL PSYCHOLOGICAL EFFECTS OF
16 ABORTION] AND THE MEDICAL RISKS COMMONLY ASSOCIATED WITH
17 CARRYING A CHILD TO TERM.
18 * * *
19 SECTION 3. TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ:
20 § 3208.1. COMMONWEALTH INTERFERENCE PROHIBITED.
21 THE COMMONWEALTH SHALL NOT INTERFERE WITH THE USE OF
22 MEDICALLY APPROPRIATE METHODS OF CONTRACEPTION OR THE MANNER IN
23 WHICH MEDICALLY APPROPRIATE METHODS OF CONTRACEPTION ARE
24 PROVIDED.
25 § 3209. SPOUSAL NOTICE.
26 (A) SPOUSAL NOTICE REQUIRED.--IN ORDER TO FURTHER THE
27 COMMONWEALTH'S INTEREST IN PROMOTING THE INTEGRITY OF THE
28 MARITAL RELATIONSHIP AND TO PROTECT A SPOUSE'S INTERESTS IN
29 HAVING CHILDREN WITHIN MARRIAGE AND IN PROTECTING THE PRENATAL
30 LIFE OF THAT SPOUSE'S CHILD, NO PHYSICIAN SHALL PERFORM AN
19890S0369B1667 - 8 -
1 ABORTION ON A MARRIED WOMAN, EXCEPT AS PROVIDED IN SUBSECTIONS
2 (B) AND (C), UNLESS HE OR SHE HAS RECEIVED A SIGNED STATEMENT,
3 WHICH NEED NOT BE NOTARIZED, FROM THE WOMAN UPON WHOM THE
4 ABORTION IS TO BE PERFORMED, THAT SHE HAS NOTIFIED HER SPOUSE
5 THAT SHE IS ABOUT TO UNDERGO AN ABORTION. THE STATEMENT SHALL
6 BEAR A NOTICE THAT ANY FALSE STATEMENT MADE THEREIN IS
7 PUNISHABLE BY LAW.
8 (B) EXCEPTIONS.--THE STATEMENT CERTIFYING THAT THE NOTICE
9 REQUIRED BY SUBSECTION (A) HAS BEEN GIVEN NEED NOT BE FURNISHED
10 WHERE THE WOMAN PROVIDES THE PHYSICIAN A SIGNED STATEMENT
11 CERTIFYING AT LEAST ONE OF THE FOLLOWING:
12 (1) HER SPOUSE IS NOT THE FATHER OF THE CHILD.
13 (2) HER SPOUSE, AFTER DILIGENT EFFORT, COULD NOT BE
14 LOCATED.
15 (3) THE PREGNANCY IS A RESULT OF SPOUSAL SEXUAL ASSAULT
16 AS DESCRIBED IN SECTION 3128 (RELATING TO SPOUSAL SEXUAL
17 ASSAULT), WHICH HAS BEEN REPORTED TO A LAW ENFORCEMENT AGENCY
18 HAVING THE REQUISITE JURISDICTION.
19 (4) THE WOMAN HAS REASON TO BELIEVE THAT THE FURNISHING
20 OF NOTICE TO HER SPOUSE IS LIKELY TO RESULT IN THE INFLICTION
21 OF BODILY INJURY UPON HER BY HER SPOUSE OR BY ANOTHER
22 INDIVIDUAL.
23 SUCH STATEMENT NEED NOT BE NOTARIZED, BUT SHALL BEAR A NOTICE
24 THAT ANY FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE BY LAW.
25 (C) MEDICAL EMERGENCY.--THE REQUIREMENTS OF SUBSECTION (A)
26 SHALL NOT APPLY IN CASE OF A MEDICAL EMERGENCY.
27 (D) FORMS.--THE DEPARTMENT SHALL CAUSE TO BE PUBLISHED,
28 FORMS WHICH MAY BE UTILIZED FOR PURPOSES OF PROVIDING THE SIGNED
29 STATEMENTS REQUIRED BY SUBSECTIONS (A) AND (B). THE DEPARTMENT
30 SHALL DISTRIBUTE AN ADEQUATE SUPPLY OF SUCH FORMS TO ALL
19890S0369B1667 - 9 -
1 ABORTION FACILITIES IN THIS COMMONWEALTH.
2 (E) PENALTY; CIVIL ACTION.--ANY PHYSICIAN WHO VIOLATES THE
3 PROVISIONS OF THIS SECTION IS GUILTY OF "UNPROFESSIONAL
4 CONDUCT," AND HIS OR HER LICENSE FOR THE PRACTICE OF MEDICINE
5 AND SURGERY SHALL BE SUBJECT TO SUSPENSION OR REVOCATION IN
6 ACCORDANCE WITH PROCEDURES PROVIDED UNDER THE ACT OF OCTOBER 5,
7 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL
8 PRACTICE ACT, THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112),
9 KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THEIR SUCCESSOR
10 ACTS. IN ADDITION, ANY PHYSICIAN WHO KNOWINGLY VIOLATES THE
11 PROVISIONS OF THIS SECTION SHALL BE CIVILLY LIABLE TO THE SPOUSE
12 WHO IS THE FATHER OF THE ABORTED CHILD FOR ANY DAMAGES CAUSED
13 THEREBY AND FOR PUNITIVE DAMAGES IN THE AMOUNT OF $5,000, AND
14 THE COURT SHALL AWARD A PREVAILING PLAINTIFF A REASONABLE
15 ATTORNEY FEE AS PART OF COSTS.
16 SECTION 4. SECTIONS 3210, 3211, 3212(B), 3214(A), 3215(B),
17 3216, 3217, 3218(A) AND 3220 OF TITLE 18 ARE AMENDED TO READ:
18 § 3210. [ABORTION AFTER VIABILITY.
19 (A) PROHIBITION; PENALTY.--ANY PERSON WHO INTENTIONALLY,
20 KNOWINGLY OR RECKLESSLY PERFORMS OR INDUCES AN ABORTION WHEN THE
21 FETUS IS VIABLE COMMITS A FELONY OF THE THIRD DEGREE. IT SHALL
22 BE A COMPLETE DEFENSE TO ANY CHARGE BROUGHT AGAINST A PHYSICIAN
23 FOR VIOLATING THE REQUIREMENTS OF THIS SECTION THAT HE HAD
24 CONCLUDED IN GOOD FAITH, IN HIS BEST MEDICAL JUDGMENT, THAT THE
25 UNBORN CHILD WAS NOT VIABLE AT THE TIME THE ABORTION WAS
26 PERFORMED OR INDUCED OR THAT THE ABORTION WAS NECESSARY TO
27 PRESERVE MATERNAL LIFE OR HEALTH.
28 (B) DEGREE OF CARE.--EXCEPT IN THE CASE OF A MEDICAL
29 EMERGENCY, EVERY PERSON WHO PERFORMS OR INDUCES AN ABORTION
30 AFTER HE HAS DETERMINED AN UNBORN CHILD TO BE VIABLE SHALL
19890S0369B1667 - 10 -
1 EXERCISE THAT DEGREE OF PROFESSIONAL SKILL, CARE AND DILIGENCE
2 WHICH WOULD REASONABLY BE NECESSARY IN ORDER TO PRESERVE THE
3 LIFE AND HEALTH OF ANY UNBORN CHILD INTENDED TO BE BORN AND NOT
4 ABORTED, AND THE ABORTION TECHNIQUE EMPLOYED SHALL BE THAT WHICH
5 WOULD PROVIDE THE BEST OPPORTUNITY FOR THE UNBORN CHILD TO BE
6 DELIVERED ALIVE UNLESS, IN THE GOOD FAITH JUDGMENT OF THE
7 PHYSICIAN, THAT METHOD OR TECHNIQUE WOULD PRESENT A GREATER
8 MEDICAL RISK TO THE LIFE OR HEALTH OF THE PREGNANT WOMAN THAN
9 WOULD ANOTHER AVAILABLE METHOD OR TECHNIQUE. THE PHYSICIAN SHALL
10 REPORT THE BASIS FOR HIS JUDGMENT PURSUANT TO SECTION 3214(A)
11 (RELATING TO REPORTING). THE POTENTIAL PSYCHOLOGICAL OR
12 EMOTIONAL IMPACT ON THE MOTHER OF THE UNBORN CHILD'S SURVIVAL
13 SHALL NOT BE DEEMED A MEDICAL RISK TO THE MOTHER. ANY PERSON WHO
14 INTENTIONALLY, KNOWINGLY OR RECKLESSLY VIOLATES THE PROVISIONS
15 OF THIS SUBSECTION COMMITS A FELONY OF THE THIRD DEGREE.
16 (C) SECOND PHYSICIAN.--EXCEPT IN THE CASE OF A MEDICAL
17 EMERGENCY, ANY PERSON WHO INTENDS TO PERFORM AN ABORTION AFTER
18 HE HAS DETERMINED AN UNBORN CHILD TO BE VIABLE, THE METHOD
19 CHOSEN FOR WHICH ABORTION, IN HIS GOOD FAITH JUDGMENT, DOES NOT
20 PRECLUDE THE POSSIBILITY OF THE CHILD SURVIVING THE ABORTION,
21 SHALL ARRANGE FOR THE ATTENDANCE, IN THE SAME ROOM IN WHICH THE
22 ABORTION IS TO BE COMPLETED, OF A SECOND PHYSICIAN. IMMEDIATELY
23 AFTER THE COMPLETE EXPULSION OR EXTRACTION OF THE CHILD, THE
24 SECOND PHYSICIAN SHALL TAKE CONTROL OF THE CHILD AND SHALL
25 PROVIDE IMMEDIATE MEDICAL CARE FOR THE CHILD, TAKING ALL
26 REASONABLE STEPS NECESSARY, IN HIS JUDGMENT, TO PRESERVE THE
27 CHILD'S LIFE AND HEALTH. ANY PERSON WHO INTENTIONALLY, KNOWINGLY
28 OR RECKLESSLY VIOLATES THE PROVISIONS OF THIS SUBSECTION COMMITS
29 A FELONY OF THE THIRD DEGREE.]
30 DETERMINATION OF GESTATIONAL AGE.
19890S0369B1667 - 11 -
1 (A) REQUIREMENT.--EXCEPT IN THE CASE OF A MEDICAL EMERGENCY,
2 WHICH PREVENTS COMPLIANCE WITH THIS SECTION, NO ABORTION SHALL
3 BE PERFORMED OR INDUCED UNLESS THE REFERRING PHYSICIAN OR THE
4 PHYSICIAN PERFORMING OR INDUCING IT HAS FIRST MADE A
5 DETERMINATION OF THE PROBABLE GESTATIONAL AGE OF THE UNBORN
6 CHILD. IN MAKING SUCH DETERMINATION, THE PHYSICIAN SHALL MAKE
7 SUCH INQUIRIES OF THE PATIENT AND PERFORM OR CAUSE TO BE
8 PERFORMED SUCH MEDICAL EXAMINATIONS AND TESTS AS A PRUDENT
9 PHYSICIAN WOULD CONSIDER NECESSARY TO MAKE OR PERFORM IN MAKING
10 AN ACCURATE DIAGNOSIS WITH RESPECT TO GESTATIONAL AGE. THE
11 PHYSICIAN WHO PERFORMS OR INDUCES THE ABORTION SHALL REPORT THE
12 TYPE OF INQUIRIES MADE AND THE TYPE OF EXAMINATIONS AND TESTS
13 UTILIZED TO DETERMINE THE GESTATIONAL AGE OF THE UNBORN CHILD
14 AND THE BASIS FOR THE DIAGNOSIS WITH RESPECT TO GESTATIONAL AGE
15 ON FORMS PROVIDED BY THE DEPARTMENT.
16 (B) PENALTY.--FAILURE OF ANY PHYSICIAN TO CONFORM TO ANY
17 REQUIREMENT OF THIS SECTION CONSTITUTES "UNPROFESSIONAL CONDUCT"
18 WITHIN THE MEANING OF THE ACT OF OCTOBER 5, 1978 (P.L.1109,
19 NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, THE ACT
20 OF DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
21 PRACTICE ACT OF 1985, OR THEIR SUCCESSOR ACTS. UPON A FINDING BY
22 THE STATE BOARD OF MEDICINE OR THE STATE BOARD OF OSTEOPATHIC
23 MEDICINE THAT ANY PHYSICIAN HAS FAILED TO CONFORM TO ANY
24 REQUIREMENT OF THIS SECTION, THE BOARD SHALL NOT FAIL TO SUSPEND
25 THAT PHYSICIAN'S LICENSE FOR A PERIOD OF AT LEAST THREE MONTHS.
26 INTENTIONAL, KNOWING OR RECKLESS FALSIFICATION OF ANY REPORT
27 REQUIRED UNDER THIS SECTION IS A MISDEMEANOR OF THE THIRD
28 DEGREE.
29 § 3211. [VIABILITY.
30 (A) DETERMINATION OF VIABILITY.--EXCEPT IN THE CASE OF A
19890S0369B1667 - 12 -
1 MEDICAL EMERGENCY, PRIOR TO PERFORMING ANY ABORTION UPON A WOMAN
2 SUBSEQUENT TO HER FIRST 19 WEEKS OF PREGNANCY, THE PHYSICIAN
3 SHALL DETERMINE WHETHER, IN HIS GOOD FAITH JUDGMENT, THE CHILD
4 IS VIABLE. WHEN THE PHYSICIAN HAS DETERMINED THAT A CHILD IS
5 VIABLE, HE SHALL, PURSUANT TO SECTION 3214(A) (RELATING TO
6 REPORTING), REPORT THE BASIS FOR HIS DETERMINATION THAT THE
7 ABORTION IS NECESSARY TO PRESERVE MATERNAL LIFE OR HEALTH. WHEN
8 THE PHYSICIAN HAS DETERMINED THAT A CHILD IS NOT VIABLE AFTER
9 THE FIRST 19 WEEKS OF PREGNANCY, HE SHALL REPORT THE BASIS FOR
10 SUCH DETERMINATION PURSUANT TO SECTION 3214(A).
11 (B) UNPROFESSIONAL CONDUCT.--FAILURE OF ANY PHYSICIAN TO
12 CONFORM TO ANY REQUIREMENT OF THIS SECTION CONSTITUTES
13 "UNPROFESSIONAL CONDUCT" WITHIN THE MEANING OF THE ACT OF
14 OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC
15 MEDICAL PRACTICE ACT, THE ACT OF DECEMBER 20, 1985 (P.L.457,
16 NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THEIR
17 SUCCESSOR ACTS. UPON A FINDING BY THE STATE BOARD OF MEDICINE OR
18 THE STATE BOARD OF OSTEOPATHIC MEDICINE THAT ANY PHYSICIAN HAS
19 FAILED TO CONFORM TO ANY REQUIREMENT OF THIS SECTION, THE BOARD
20 SHALL NOT FAIL TO SUSPEND THAT PHYSICIAN'S LICENSE FOR A PERIOD
21 OF AT LEAST THREE MONTHS. INTENTIONAL, KNOWING OR RECKLESS
22 FALSIFICATION OF ANY REPORT REQUIRED UNDER THIS SECTION IS A
23 MISDEMEANOR OF THE THIRD DEGREE.]
24 ABORTION ON UNBORN CHILD OF 24 OR MORE WEEKS GESTATIONAL AGE.
25 (A) PROHIBITION.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO
26 PERSON SHALL PERFORM OR INDUCE AN ABORTION UPON ANOTHER PERSON
27 WHEN THE GESTATIONAL AGE OF THE UNBORN CHILD IS 24 OR MORE
28 WEEKS.
29 (B) EXCEPTIONS.--
30 (1) IT SHALL NOT BE A VIOLATION OF SUBSECTION (A) IF AN
19890S0369B1667 - 13 -
1 ABORTION IS PERFORMED BY A PHYSICIAN AND THAT PHYSICIAN
2 REASONABLY BELIEVES THAT IT IS NECESSARY TO PREVENT EITHER
3 THE DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND
4 IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OF THE
5 WOMAN. NO ABORTION SHALL BE DEEMED AUTHORIZED UNDER THIS
6 PARAGRAPH IF PERFORMED ON THE BASIS OF A CLAIM OR A DIAGNOSIS
7 THAT THE WOMAN WILL ENGAGE IN CONDUCT WHICH WOULD RESULT IN
8 HER DEATH OR IN SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF
9 MAJOR BODILY FUNCTION.
10 (2) IT SHALL NOT BE A VIOLATION OF SUBSECTION (A) IF THE
11 ABORTION IS PERFORMED BY A PHYSICIAN AND THAT PHYSICIAN
12 REASONABLY BELIEVES, AFTER MAKING A DETERMINATION OF THE
13 GESTATIONAL AGE OF THE UNBORN CHILD IN COMPLIANCE WITH
14 SECTION 3210 (RELATING TO DETERMINATION OF GESTATIONAL AGE),
15 THAT THE UNBORN CHILD IS LESS THAN 24 WEEKS GESTATIONAL AGE.
16 (C) ABORTION REGULATED.--EXCEPT IN THE CASE OF A MEDICAL
17 EMERGENCY WHICH, IN THE REASONABLE MEDICAL JUDGMENT OF THE
18 PHYSICIAN PERFORMING THE ABORTION, PREVENTS COMPLIANCE WITH A
19 PARTICULAR REQUIREMENT OF THIS SUBSECTION, NO ABORTION WHICH IS
20 AUTHORIZED UNDER SUBSECTION (B)(1) SHALL BE PERFORMED UNLESS
21 EACH OF THE FOLLOWING CONDITIONS IS MET:
22 (1) THE PHYSICIAN PERFORMING THE ABORTION CERTIFIES, IN
23 WRITING, THAT, BASED UPON HIS MEDICAL EXAMINATION OF THE
24 PREGNANT WOMAN AND HIS MEDICAL JUDGMENT, THE ABORTION IS
25 NECESSARY TO PREVENT EITHER THE DEATH OF THE PREGNANT WOMAN
26 OR THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR
27 BODILY FUNCTION OF THE WOMAN.
28 (2) SUCH PHYSICIAN'S JUDGMENT WITH RESPECT TO THE
29 NECESSITY FOR THE ABORTION HAS BEEN CONCURRED IN BY ONE OTHER
30 LICENSED PHYSICIAN, WHO CERTIFIES, IN WRITING, THAT BASED
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1 UPON HIS OR HER SEPARATE PERSONAL MEDICAL EXAMINATION OF THE
2 PREGNANT WOMAN AND HIS OR HER MEDICAL JUDGMENT, THE ABORTION
3 IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREGNANT
4 WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A
5 MAJOR BODILY FUNCTION OF THE WOMAN.
6 (3) THE ABORTION IS PERFORMED IN A HOSPITAL.
7 (4) THE PHYSICIAN TERMINATES THE PREGNANCY IN A MANNER
8 WHICH PROVIDES THE BEST OPPORTUNITY FOR THE UNBORN CHILD TO
9 SURVIVE, UNLESS THE PHYSICIAN DETERMINES, IN HIS OR HER GOOD
10 FAITH MEDICAL JUDGMENT, THAT TERMINATION OF THE PREGNANCY IN
11 THAT MANNER POSES A SIGNIFICANTLY GREATER RISK EITHER OF THE
12 DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND
13 IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OF THE
14 WOMAN THAN WOULD OTHER AVAILABLE METHODS.
15 (5) THE PHYSICIAN PERFORMING THE ABORTION ARRANGES FOR
16 THE ATTENDANCE, IN THE SAME ROOM IN WHICH THE ABORTION IS TO
17 BE COMPLETED, OF A SECOND PHYSICIAN WHO SHALL TAKE CONTROL OF
18 THE CHILD IMMEDIATELY AFTER COMPLETE EXTRACTION FROM THE
19 MOTHER AND SHALL PROVIDE IMMEDIATE MEDICAL CARE FOR THE
20 CHILD, TAKING ALL REASONABLE STEPS NECESSARY TO PRESERVE THE
21 CHILD'S LIFE AND HEALTH.
22 (D) PENALTY.--ANY PERSON WHO VIOLATES SUBSECTION (A) COMMITS
23 A FELONY OF THE THIRD DEGREE. ANY PERSON WHO VIOLATES SUBSECTION
24 (C) COMMITS A MISDEMEANOR OF THE SECOND DEGREE FOR THE FIRST
25 OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE FOR SUBSEQUENT
26 OFFENSES.
27 § 3212. INFANTICIDE.
28 * * *
29 (B) CARE REQUIRED.--ALL PHYSICIANS AND LICENSED MEDICAL
30 PERSONNEL ATTENDING A CHILD WHO IS BORN ALIVE DURING THE COURSE
19890S0369B1667 - 15 -
1 OF AN ABORTION OR PREMATURE DELIVERY, OR AFTER BEING CARRIED TO
2 TERM, SHALL PROVIDE SUCH CHILD THAT TYPE AND DEGREE OF CARE AND
3 TREATMENT WHICH, IN THE GOOD FAITH JUDGMENT OF THE PHYSICIAN, IS
4 COMMONLY AND CUSTOMARILY PROVIDED TO ANY OTHER PERSON UNDER
5 SIMILAR CONDITIONS AND CIRCUMSTANCES. ANY INDIVIDUAL WHO
6 INTENTIONALLY, KNOWINGLY OR RECKLESSLY VIOLATES THE PROVISIONS
7 OF THIS SUBSECTION COMMITS A FELONY OF THE THIRD DEGREE.
8 * * *
9 § 3214. REPORTING.
10 (A) GENERAL RULE.--FOR THE PURPOSE OF PROMOTION OF MATERNAL
11 HEALTH AND LIFE BY ADDING TO THE SUM OF MEDICAL AND PUBLIC
12 HEALTH KNOWLEDGE THROUGH THE COMPILATION OF RELEVANT DATA, AND
13 TO PROMOTE THE COMMONWEALTH'S INTEREST IN PROTECTION OF THE
14 [VIABLE] UNBORN CHILD, A REPORT OF EACH ABORTION PERFORMED SHALL
15 BE MADE TO THE DEPARTMENT ON FORMS PRESCRIBED BY IT. THE REPORT
16 FORMS SHALL NOT IDENTIFY THE INDIVIDUAL PATIENT BY NAME AND
17 SHALL INCLUDE THE FOLLOWING INFORMATION:
18 (1) IDENTIFICATION OF THE PHYSICIAN WHO PERFORMED THE
19 ABORTION, THE CONCURRING PHYSICIAN AS REQUIRED BY SECTION
20 3211(C)(2) (RELATING TO ABORTION ON UNBORN CHILD OF 24 OR
21 MORE WEEKS GESTATIONAL AGE), THE SECOND PHYSICIAN AS REQUIRED
22 BY SECTION 3211(C)(5) AND THE FACILITY WHERE THE ABORTION WAS
23 PERFORMED AND OF THE REFERRING PHYSICIAN, AGENCY OR SERVICE,
24 IF ANY.
25 (2) THE COUNTY AND STATE IN WHICH THE WOMAN RESIDES.
26 (3) THE WOMAN'S AGE.
27 (4) THE NUMBER OF PRIOR PREGNANCIES AND PRIOR ABORTIONS
28 OF THE WOMAN.
29 (5) THE [PROBABLE] GESTATIONAL AGE OF THE UNBORN CHILD
30 AT THE TIME OF THE ABORTION.
19890S0369B1667 - 16 -
1 (6) THE TYPE OF PROCEDURE PERFORMED OR PRESCRIBED AND
2 THE DATE OF THE ABORTION.
3 (7) [MEDICAL COMPLICATIONS OF THE PREGNANCY, IF ANY,
4 INCLUDING BUT NOT LIMITED TO, RUBELLA DISEASE, HYDATID MOLE,
5 ENDOCERVICAL POLYP AND MALIGNANCIES,] PRE-EXISTING MEDICAL
6 CONDITIONS OF THE WOMAN WHICH WOULD COMPLICATE PREGNANCY, IF
7 ANY, AND, IF KNOWN, ANY MEDICAL COMPLICATION WHICH RESULTED
8 FROM THE ABORTION ITSELF.
9 (8) [THE INFORMATION REQUIRED TO BE REPORTED UNDER
10 SECTION 3211(A) (RELATING TO VIABILITY).] THE BASIS FOR THE
11 MEDICAL JUDGMENT OF THE PHYSICIAN WHO PERFORMED THE ABORTION
12 THAT THE ABORTION WAS NECESSARY TO PREVENT EITHER THE DEATH
13 OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE
14 IMPAIRMENT OF A MAJOR BODILY FUNCTION OF THE WOMAN, WHERE AN
15 ABORTION HAS BEEN PERFORMED PURSUANT TO SECTION 3211(B)(1).
16 (9) THE [LENGTH AND] WEIGHT OF THE ABORTED [UNBORN]
17 CHILD FOR ANY ABORTION PERFORMED [SUBSEQUENT TO THE FIRST 19
18 WEEKS OF PREGNANCY] PURSUANT TO SECTION 3211(B)(1).
19 (10) BASIS FOR ANY MEDICAL JUDGMENT THAT A MEDICAL
20 EMERGENCY EXISTED [AS REQUIRED BY ANY PART OF THIS CHAPTER]
21 WHICH EXCUSED THE PHYSICIAN FROM COMPLIANCE WITH ANY
22 PROVISION OF THIS CHAPTER.
23 (11) THE INFORMATION REQUIRED TO BE REPORTED UNDER
24 SECTION [3210(B) (RELATING TO ABORTION AFTER VIABILITY)]
25 3210(A) (RELATING TO DETERMINATION OF GESTATIONAL AGE).
26 (12) WHETHER THE ABORTION WAS PERFORMED UPON A MARRIED
27 WOMAN AND, IF SO, WHETHER NOTICE TO HER SPOUSE WAS GIVEN. IF
28 NO NOTICE TO HER SPOUSE WAS GIVEN, THE REPORT SHALL ALSO
29 INDICATE THE REASON FOR FAILURE TO PROVIDE NOTICE.
30 * * *
19890S0369B1667 - 17 -
1 § 3215. PUBLICLY OWNED FACILITIES; PUBLIC OFFICIALS AND PUBLIC
2 FUNDS.
3 * * *
4 (B) PERMITTED TREATMENT.--NOTHING IN SUBSECTION (A) SHALL BE
5 CONSTRUED TO PRECLUDE ANY HOSPITAL, CLINIC OR OTHER HEALTH
6 FACILITY FROM PROVIDING TREATMENT FOR POST-ABORTION
7 COMPLICATIONS[, OR FROM PERMITTING THE PERFORMANCE OF ABORTION
8 WHERE NO OTHER FACILITY PERMITTING ABORTION IS AVAILABLE WITHIN
9 A RADIUS OF 20 MILES FROM THE FACILITY].
10 * * *
11 § 3216. FETAL EXPERIMENTATION.
12 (A) UNBORN OR LIVE CHILD.--ANY PERSON WHO KNOWINGLY PERFORMS
13 ANY TYPE OF NONTHERAPEUTIC EXPERIMENTATION OR NONTHERAPEUTIC
14 MEDICAL PROCEDURE (EXCEPT AN ABORTION AS DEFINED IN THIS
15 CHAPTER) UPON ANY UNBORN CHILD, OR UPON ANY CHILD BORN ALIVE
16 DURING THE COURSE OF AN ABORTION, COMMITS A FELONY OF THE THIRD
17 DEGREE. "NONTHERAPEUTIC" MEANS THAT WHICH IS NOT INTENDED TO
18 PRESERVE THE [CHILD'S] LIFE OR HEALTH OF THE CHILD UPON WHOM IT
19 IS PERFORMED.
20 (B) DEAD CHILD.--[EXPERIMENTATION UPON CHILDREN WHO HAVE
21 DIED DURING THE COURSE OF AN ABORTION MAY BE CONDUCTED ONLY UPON
22 THE WRITTEN CONSENT OF THE MOTHER: PROVIDED, THAT NO
23 CONSIDERATION FOR SUCH CONSENT IS OFFERED OR GIVEN. ANY PERSON
24 WHO KNOWINGLY VIOLATES THIS SUBSECTION COMMITS A MISDEMEANOR OF
25 THE FIRST DEGREE.] THE FOLLOWING STANDARDS GOVERN THE
26 PROCUREMENT AND USE OF ANY FETAL TISSUE OR ORGAN WHICH IS USED
27 IN ANIMAL OR HUMAN TRANSPLANTATION, RESEARCH, OR
28 EXPERIMENTATION:
29 (1) NO FETAL TISSUE OR ORGANS MAY BE PROCURED OR USED
30 WITHOUT THE WRITTEN CONSENT OF THE MOTHER. NO CONSIDERATION
19890S0369B1667 - 18 -
1 OF ANY KIND FOR SUCH CONSENT MAY BE OFFERED OR GIVEN.
2 FURTHER, IF THE TISSUE OR ORGANS ARE BEING DERIVED FROM
3 ABORTION, SUCH CONSENT SHALL BE VALID ONLY IF OBTAINED AFTER
4 THE DECISION TO ABORT HAS BEEN MADE.
5 (2) NO PERSON WHO PROVIDES THE INFORMATION REQUIRED BY
6 SECTION 3205 (RELATING TO INFORMED CONSENT) SHALL EMPLOY THE
7 POSSIBILITY OF THE USE OF ABORTED FETAL TISSUE OR ORGANS AS
8 AN INDUCEMENT TO A PREGNANT WOMAN TO UNDERGO ABORTION EXCEPT
9 THAT PAYMENT FOR REASONABLE EXPENSES OCCASIONED BY THE ACTUAL
10 RETRIEVAL, STORAGE, PREPARATION AND TRANSPORTATION OF THE
11 TISSUES IS PERMITTED.
12 (3) NO REMUNERATION, COMPENSATION OR OTHER CONSIDERATION
13 MAY BE PAID TO ANY PERSON OR ORGANIZATION IN CONNECTION WITH
14 THE PROCUREMENT OF FETAL TISSUE OR ORGANS.
15 (4) ALL PERSONS WHO PARTICIPATE IN THE PROCUREMENT, USE
16 OR TRANSPLANTATION OF FETAL TISSUE OR ORGANS, INCLUDING THE
17 RECIPIENTS OF SUCH TISSUE OR ORGANS, SHALL BE INFORMED AS TO
18 WHETHER THE PARTICULAR TISSUE OR ORGAN INVOLVED WAS PROCURED
19 AS A RESULT OF EITHER:
20 (I) STILLBIRTH;
21 (II) MISCARRIAGE;
22 (III) ECTOPIC PREGNANCY;
23 (IV) ABORTION; OR
24 (V) ANY OTHER MEANS.
25 (5) NO PERSON WHO CONSENTS TO THE PROCUREMENT OR USE OF
26 ANY FETAL TISSUE OR ORGAN MAY DESIGNATE THE RECIPIENT OF THAT
27 TISSUE OR ORGAN, NOR SHALL ANY OTHER PERSON OR ORGANIZATION
28 ACT TO FULFILL THAT DESIGNATION.
29 (6) THE DEPARTMENT MAY ASSESS A CIVIL PENALTY UPON ANY
30 PERSON WHO PROCURES, SELLS OR USES ANY FETAL TISSUE OR ORGANS
19890S0369B1667 - 19 -
1 IN VIOLATION OF THIS SECTION OR THE REGULATIONS ISSUED
2 THEREUNDER. SUCH CIVIL PENALTIES MAY NOT EXCEED $5,000 FOR
3 EACH SEPARATE VIOLATION. IN ASSESSING SUCH PENALTIES, THE
4 DEPARTMENT SHALL GIVE DUE CONSIDERATION TO THE GRAVITY OF THE
5 VIOLATION, THE GOOD FAITH OF THE VIOLATOR, AND THE HISTORY OF
6 PREVIOUS VIOLATIONS. CIVIL PENALTIES DUE UNDER THIS PARAGRAPH
7 SHALL BE PAID TO THE DEPARTMENT FOR DEPOSIT IN THE STATE
8 TREASURY AND MAY BE ENFORCED BY THE DEPARTMENT IN THE
9 COMMONWEALTH COURT.
10 (C) CONSTRUCTION OF SECTION.--NOTHING IN THIS SECTION SHALL
11 BE CONSTRUED TO CONDONE OR PROHIBIT THE PERFORMANCE OF
12 DIAGNOSTIC TESTS WHILE THE UNBORN CHILD IS IN UTERO, OR THE
13 PERFORMANCE OF PATHOLOGICAL EXAMINATIONS ON AN ABORTED CHILD.
14 NOR SHALL ANYTHING IN THIS SECTION BE CONSTRUED TO CONDONE OR
15 PROHIBIT THE PERFORMANCE OF IN VITRO FERTILIZATION AND
16 ACCOMPANYING EMBRYO TRANSFER.
17 § 3217. CIVIL PENALTIES.
18 ANY PHYSICIAN WHO KNOWINGLY VIOLATES ANY OF THE PROVISIONS OF
19 SECTION 3204 (RELATING TO MEDICAL CONSULTATION AND JUDGMENT) OR
20 3205 (RELATING TO INFORMED CONSENT) SHALL, IN ADDITION TO ANY
21 OTHER PENALTY PRESCRIBED IN THIS CHAPTER, BE CIVILLY LIABLE TO
22 HIS PATIENT FOR ANY DAMAGES CAUSED THEREBY AND, IN ADDITION,
23 SHALL BE LIABLE TO HIS PATIENT FOR PUNITIVE DAMAGES IN THE
24 AMOUNT OF $5,000, AND THE COURT SHALL AWARD A PREVAILING
25 PLAINTIFF A REASONABLE ATTORNEY FEE AS PART OF COSTS.
26 § 3218. CRIMINAL PENALTIES.
27 (A) APPLICATION OF CHAPTER.--NOTWITHSTANDING ANY OTHER
28 PROVISION OF THIS CHAPTER, NO CRIMINAL PENALTY SHALL APPLY TO A
29 WOMAN WHO VIOLATES ANY PROVISION OF THIS CHAPTER SOLELY IN ORDER
30 TO PERFORM OR INDUCE OR ATTEMPT TO PERFORM OR INDUCE AN ABORTION
19890S0369B1667 - 20 -
1 UPON HERSELF. NOR SHALL ANY WOMAN WHO UNDERGOES AN ABORTION BE
2 FOUND GUILTY OF HAVING COMMITTED AN OFFENSE, LIABILITY FOR WHICH
3 IS DEFINED UNDER SECTION 306 (RELATING TO LIABILITY FOR CONDUCT
4 OF ANOTHER; COMPLICITY) OR CHAPTER 9 (RELATING TO INCHOATE
5 CRIMES), BY REASON OF HAVING UNDERGONE SUCH ABORTION.
6 * * *
7 § 3220. CONSTRUCTION.
8 (A) REFERRAL TO CORONER.--THE PROVISIONS OF SECTION 503(3)
9 OF THE ACT OF JUNE 29, 1953 (P.L.304, NO.66), KNOWN AS THE
10 "VITAL STATISTICS LAW OF 1953," SHALL NOT BE CONSTRUED TO
11 REQUIRE REFERRAL TO THE CORONER OF CASES OF ABORTIONS PERFORMED
12 IN COMPLIANCE WITH THIS CHAPTER.
13 (B) OTHER LAWS UNAFFECTED.--APART FROM THE PROVISIONS OF
14 SUBSECTION (A) AND SECTION 3214 (RELATING TO REPORTING) NOTHING
15 IN THIS CHAPTER SHALL HAVE THE EFFECT OF MODIFYING OR REPEALING
16 ANY PART OF THE "VITAL STATISTICS LAW OF 1953" OR SECTION 5.2 OF
17 THE ACT OF OCTOBER 27, 1955 (P.L.744, NO.222), KNOWN AS THE
18 "PENNSYLVANIA HUMAN RELATIONS ACT."
19 (C) REQUIRED STATEMENT.--WHEN ANY PROVISION OF THIS CHAPTER
20 REQUIRES THE FURNISHING OR OBTAINING OF A NONNOTARIZED STATEMENT
21 OR VERIFICATION, THE FURNISHING OR ACCEPTANCE OF A NOTARIZED
22 STATEMENT OR VERIFICATION SHALL NOT BE DEEMED A VIOLATION OF
23 THAT PROVISION.
24 SECTION 5. SECTION 4302 OF TITLE 18 IS AMENDED TO READ:
25 § 4302. Incest.
26 A person is guilty of incest, a [misdemeanor of the first
27 degree] felony of the second degree, if he knowingly marries or
28 cohabits or has sexual intercourse with an ancestor or
29 descendant, a brother or sister of the whole or half blood or an
30 uncle, aunt, nephew or niece of the whole blood. The
19890S0369B1667 - 21 -
1 relationships referred to in this section include blood
2 relationships without regard to legitimacy, and relationship of
3 parent and child by adoption.
4 Section 2. This act shall take effect in 60 days. <--
5 SECTION 6. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY <--
6 WORD, PHRASE OR PROVISION OF THIS ACT OR ITS APPLICATION TO ANY
7 PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT
8 AFFECT ANY OTHER WORD, PHRASE OR PROVISION OR APPLICATION OF
9 THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID WORD,
10 PHRASE, PROVISION OR APPLICATION.
11 SECTION 7. THE DEPARTMENT OF HEALTH SHALL CREATE THE FORMS
12 REQUIRED BY SECTIONS 3209(D) AND 3214(A) WITHIN 30 DAYS AFTER
13 THE EFFECTIVE DATE OF THIS ACT, AND SHALL CAUSE TO BE PUBLISHED
14 WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS ACT, THE PRINTED
15 MATERIALS DESCRIBED IN SECTION 3208(A).
16 SECTION 8. NO PROVISION OF THIS ACT REQUIRING THE REPORTING
17 OF INFORMATION ON FORMS PUBLISHED BY THE DEPARTMENT OF HEALTH,
18 OR REQUIRING THE DISTRIBUTION OF PRINTED MATERIALS PUBLISHED BY
19 THE DEPARTMENT OF HEALTH PURSUANT TO SECTION 3208 SHALL BE
20 APPLICABLE UNTIL TEN DAYS AFTER THE REQUISITE FORMS ARE FIRST
21 CREATED AND PRINTED MATERIALS ARE FIRST PUBLISHED BY THE
22 DEPARTMENT OF HEALTH OR UNTIL THE EFFECTIVE DATE OF THIS ACT,
23 WHICHEVER IS LATER.
24 SECTION 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
25 (1) THE PROVISIONS OF SECTIONS 3209(D) AND 3214(A)
26 REQUIRING THE DEPARTMENT OF HEALTH TO CREATE FORMS AND OF
27 SECTION 3208(A) REQUIRING THE DEPARTMENT TO PUBLISH CERTAIN
28 INFORMATION SHALL TAKE EFFECT IMMEDIATELY.
29 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
30 DAYS.
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